What is contempt of court?
When a person willfully and deliberately violates a court order without a legally sufficient excuse (such as impossibility) the person is said to be in contempt of court.
So if there are no court orders outstanding and my former spouse is not paying child support, there's no contempt of court?
That's right.
And if there is a violation of an order, what do I do?
You can file a Motion for Contempt of Court.
How?
By filing a Motion for Contempt of Court in the court where your original orders were entered.
What does this entail?
You have to draft a Motion (possibly using the court's form) and have the Motion and Order to Show Cause personally served on the other party.
That sounds difficult. How much will it cost?
Unlike filing for divorce, courts don't generally charge fees for Motions for Contempt.
Most court actions take forever and my children have to eat. How fast can I get into court?
Usually fast--no more that several weeks in many areas.
Once in court, how do I prove that my "ex" didn't pay?
Keep good records and testify about the accuracy of your record keeping. In Colorado, you also have to prove that your "ex" had the ability to pay, but failed to do so.
If the "ex" is in contempt, how soon will I get my money?
Unless your "ex" has a great excuse for not paying, the judge will probably order immediate payment or imprisonment.
